PESHAWAR, Sept 14: The Peshawar High Court on Tuesday clubbed together nine writ petitions filed by district nazims from across the province, challenging various steps taken by the provincial government.
A two-member bench comprising Chief Justice Nasirul Mulk and Justice Qazi Ahsanullah Qureshi ordered that these petitions should be fixed for hearing in the first week of October. On Tuesday, the bench took up for hearing eight petitions filed by five district nazims, challenging postings and transfers with out their consent in their respective districts.
Two petitions each have been filed by Shareef Khattak, Humayun Saifullah and Mohammad Raza Khan, district nazims of Karak, Lakki Marwat and Mardan respectively, whereas one petition each has been filed by Nawabzada Binyamin Khan (Tank) and Ahsanul Haq (Lower Dir).
Another bench of the high court comprising Justice Tariq Pervez and Justice Ijaz Afzal took up for hearing a writ petition filed by Naseer Muhammad Khan (Charssada) and 19 other district nazims.
They have challenged various steps of the provincial government, stating that government had constantly been violating the Constitution and NWFP Local Government Ordinance, 2001.
As the attorney-general of Pakistan was not present the bench adjourned the hearing. The Deputy Attorney-General Hamid Farooq Durrani informed the bench that the attorney-general was out of the country.
Advocate Qazi Muhammad Anwer appeared for the petitioners and contended that the petition was of immense importance as smooth functioning of the local governments depended on it.
Before the bench headed by Justice Nasirul Mulk, Mr Anwer pointed out that the outcome of the petition filed by Naseer Khan and other nazims would have bearing on other petitions, therefore these should be heard together.
Abdul Lateef Afridi, appearing for some of the petitioners, stated that all the 24 districts in the province had subordinate employees and till disposal of these petitions the controversies between the provincial government and district governments would continue. Keeping in view importance of these petitions, he stated, it may be heard by a larger bench.
The nazims in the main petition of Naseer Mohammad have prayed the high court: "It be declared that Rule 25 & Schedule IV of District Government Rules of Business 2001 in respect of posting & transfers of employees is against the spirit of the NWFP Local Government Ordinance 2001 and that district nazim being head of the District Government, no employee in Grade- 17 and above can be transferred by the Provincial Government from the District without his consultation and further that consultation has to be meaningful and his views cannot be ignored without reason."
They further prayed to declare that in respect of the employees below Grade-17 the Executive District Officer/D.C.O etc are obliged by law to seek the approval of the district nazim before issuing the posting/transfer orders of the employees within the district or beyond.
The nazims have also challenged their removal from the District Development Committee and have requested the court to declare that the Notification No. SO (COORD/P&D/177/04/2003, dated 26.03.2003 of the Government of NWFP removing zilla nazim from the chairmanship of the District Development Committee was illegal and was against the spirit of the Local Government Ordinance, the same be set aside.
